Centres, Institutes, Units and Department Reports

The Office of the University General Counsel (OUGC)

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Introduction

Throughout the reviewed period, guided by the objectives outlined in the Triple A Strategic Plan, the Office of the University General Counsel (OUGC) persistently centred its efforts on the fundamental goal of enabling and ensuring that The UWI operates within a compliant environment. This includes legal counsel and representation, provision of secretarial services to UWI-owned subsidiaries, drafting and reviewing of contracts, Memoranda of Understanding and other agreements and services to all departments of the Vice-Chancellery, the Global and the Five Islands Campuses. The OUGC also continued to maintain close links and provided support, when necessary, to the St. Augustine and Mona Campuses which have their own separate Campus Counsels, as well as with the Cave Hill Campus, which engages its own external Counsel.

EXPANSION OF ACCESS TO TERTIARY EDUCATION

Collaborations and Partnerships

The OUGC, in stridently supporting The UWI’s commitment to increasing access to tertiary education, and the expansion of its global footprint, played a pivotal role in the forging of partnerships with various local, regional and international universities and other institutions. This was done through the facilitation of the implementation of several Agreements and Memoranda of Understanding (MoUs) during the 2022–2023 academic year. Some notable collaborations facilitated were:

  • A partnership between The UWI and the Inter-American Commission on Human Rights (IACHR) through an MoU for the promotion of the utilisation of the Inter-American Human Rights System and its standards within the university community and the general public. This MoU will also facilitate the training of students and other professionals with specialised teaching in comprehensive theoretical and practical tools.
  • An agreement between The UWI and His Majesty’s Cayman Islands Prison for the development and delivery of courses and programmes developed by The UWI Global Campus to be delivered to inmates and staff.
  • An agreement with North-West University to facilitate the exchange of students and staff, collaborative academic activities, exchange of publications, academic materials and other information of academic value.
  • Memorandum of Understanding executed in June 2023 with the University of East Anglia (UEA) to facilitate a student exchange agreement.
  • An Agreement executed in July 2023 with the Caribbean Catastrophe Risk Insurance Facility Segregated Portfolio Company (CCRIF SPC) for an internship programme for eight interns.

Scholarship and Endowment Agreements

The OUGC facilitated the successful execution of a number of scholarship and endowment agreements which have demonstrably promoted one of the pillars of the Triple A Strategic Plan, access to tertiary education through the provision of additional funding opportunities. Some notable agreements were:

  • The Lowell F. Hawthorne Foundation Scholarship, executed in September 2022 (amended in June 2023) valued at twenty-five thousand US dollars (US$25,000) which will be awarded for an initial period of five years.
  • The Wes Hall Social Entrepreneurs Scholarship, which will offer financial assistance to undergraduates at The UWI Mona Campus and is valued at, fifty thousand Canadian dollars(CAN$50,000).
  • The amending of a Memorandum of Understanding (MoU) (initially signed in 2021) between The UWI Medical Alumni Association (UWIMAA) and The UWI Regional Endowment Fund (UWI REF). The amendments included the authorisation of UWIREF to utilise eighty-three thousand US dollars (US$83,000) for use as endowments.
  • The continuation of the Joan Duncan/JMMB Endowment Fund in the amount of one million US dollars (US$1,000,000).

ALIGNMENT WITH INDUSTRY AND ACADEMIA FOR WEALTH CREATION AND DISTRIBUTION

Workforce Policy Adjustments: Amendment of the Retirement Age of ATS Staff

In support of the University’s effort to demonstrate its holistic commitment to the well-being of its workforce, the OUGC facilitated discussions, approval and the implementation of the change in the retirement age for Administrative, Technical and Service (ATS) staff from sixty to sixty-five. This process involved extensive consultations with the two representing unions, the University Allied Workers Union (UAWU) and Mona Administrative and Technical Staff (MONATS), to arrive at a consensus concerning the changes being proposed. The policy change has led to the harmonisation of the retirement age for Administrative, Technical and Service (ATS) Staff and Academic, Senior Administrative and Professional (ASAP) Staff and aligns with the existing employment practices. Commiserate with this policy, the OUGC also facilitated the amendment to the Trust Deed to effect the new retirement age.

Governance and Compliance

Throughout the review period, the OUGC consistently offered legal oversight and served as the Secretariat for several UWI-owned subsidiaries, including UWItv, UWI Regional Endowment Fund, Rex Nettleford Foundation and LUMIN Consulting Inc. This support comprised ensuring statutory compliance for these subsidiaries, which enables smooth functioning and prevents penalties or other legal liabilities as well as helps in sustainable business growth.

Workshops Conducted

In furtherance of the University’s goal to foster transparency, ethics, and accountability, the OUGC organised three workshop consultations during the review period. These sessions, attended by staff from all categories and students, specifically addressed the forthcoming Whistleblower, Anti-Bullying and Harassment and Intellectual Property policies. This initiative is in harmony with The UWI’s overarching goal of cultivating a safe, respectful, and inclusive environment, ensuring that workplace or educational conduct aligns with the University’s values and standards.

Research and Innovation Through:

Grant Funding and Collaborative Research

In alignment with the University’s bid to advance research, innovation, and potentially contribute to the wealth and well-being of communities through the research outcomes, the OUGC facilitated a number of agreements bringing in excess of US one million dollars in grants and consultancies. These agreements included:

  • A grant aid agreement, valued at one hundred and ninety-nine thousand, and thirty-eight euro (€199,038) between the School for Graduate Studies and Research and the Irish Aid/Marine Institute and Atlantic Technology University.
  • Two grant agreements valued at a combined total of two hundred and ninety-eight thousand, one hundred and eighty-five US dollars (US$298,185) between Caribbean Institute for Health Research (CAIHR) and Inter-American Development Bank (IDB) for the provision of consulting services.
  • A collaborative agreement with the University of Antwerp to conduct comprehensive research under the title 'Disaster Capitalism in the Caribbean Region: Networking, Sharing and Learning from Community Responses'.
  • A research agreement between the Caribbean Institute for Health Research (CAIHR) and Yale University for a joint research project titled: “Prevalence of Food Insecurity at Hypertension Clinics in Kingston, Jamaica”. This agreement was signed in November 2023 and valued at thirty-two thousand, nine hundred and ninety-four US dollars (US$32,994).

Consultancy Agreements

  • A consultancy agreement valued at six hundred and fifty-five thousand, four hundred and eighty-three US dollars (US$655,483) between the Institute of Criminal Justice and Security (ICJS) and DAI Inc. The agreement is for the provision of services under USAID/Youth Resilience to Crime and Violence in the Caribbean (YRCVC) Activity.
  • An agreement for the provision services between the Institute of Criminal Justice and Security (ICJS) ME & A Inc. for the provision of services under USAID/Jamaica Monitoring, Evaluation and Learning Support for the Caribbean Basin Security Initiative (JAMEL for the CBSI). The agreement was valued at four hundred and eight thousand, five hundred and thirty US dollars (US$408,530).

Claims and Disputes

The Office of the University General Counsel continues to effectively represent the University in claims and disputes initiated against The UWI before the courts, The University Visitor and the University internal committees.

Court Claims

In addressing matters beyond the internal framework, such as those requiring adjudication through the courts, The University has witnessed significant successes through the intervention of the OUGC. During the academic year under review, two legal challenges were brought against the University by members. The first claim, Susan Frett-Potter v The UWI (BVIHCV2021/0326), was dismissed, as it was determined that the court lacked jurisdiction in cases where matters should properly be adjudicated by The University Visitor. Similarly, a judicial review claim, Donovan Brown v The Ministry of Labour and Social Security and The University Visitor, was dismissed against The Visitor but proceeded against the Ministry of Labour and Social Security.

Visitor Petitions

During the 2022/2023 academic year, the OUGC effectively managed six petitions submitted to The Visitor. Two petitions brought by staff challenged the decision of the relevant Campus Appointments Committee and in doing so, engaging the University’s Grievance Procedures. The remaining four claims were lodged by students, and challenged the decisions made by the Board for Graduate Studies and Research (BGSR).

Staff Petitions
  • The first petitioner partially succeeded, as The Visitor, in his ruling, awarded seven months' salary compensation but upheld the University's decision for termination.
  • The second petition, which also contested the University's withdrawal of an additional housing benefit for the staff member, saw partial success with the petitioner's dismissal upheld and a requirement for refunding the previously deducted 10% of pensionable salary.
Student Petitions
  • The third petition contested the conferral of a Master of Laws Degree without a Distinction.
  • The fourth challenged the grade assigned for a final research paper in a Doctor of Philosophy (PhD) programme.

In both instances, the petitions were dismissed, affirming the BGSR's decisions.

  • The fifth case involved one petitioner disputing the University's decision not to expunge previous failing grades.
  • The sixth petitioner contested the BGSR's determination that the defended thesis did not meet the standards for a PhD.

The Visitor, in his ruling, dismissed both petitions and in the matter regarding the thesis, supported the BGSR’s recommendation for a Master of Philosophy (MPhil) to be awarded contingent upon the necessary corrections.

Internal Disputes

In addition to the matters mentioned above, the OUGC continued to provide legal support to the University in managing internal appeals that do not escalate to either The University Visitor or the Courts. These matters include staff dismissals and disciplinary matters which are handled through the University Appeals Committee (UAC) and the University Disciplinary Committee (UDC) respectively.

During the reporting period, the OUGC assisted in resolving a disciplinary matter brought before a convened University Disciplinary Committee (UDC), where a member of staff accused an employee of unauthorised use of their intellectual property which contravened clauses 49 and 50 of the (a) (i) (E) of The UWI Statutes and Ordinances. The UDC found that the actions constituted misconduct and sanctioned the defendant with censorship and a requirement to tender formal apologies to the complainant.

The OUGC also provided legal advice in an appeal against the decision of the relevant Campus Appointments Committee (CAC) regarding the termination of employment of a staff member. With the effective legal oversight of the OUGC, the CAC's decision to dismiss the staff member was upheld.

INCREASED AGILITY TO UTILISE NATIONAL REGIONAL AND GLOBAL OPPORTUNITIES

Organisational Efficiency and Resource Optimisation

The OUGC played a crucial role in the redesign process of the Institute of Criminal Justice (ICJS) as a University Centre within SALISES. This involved consolidating administrative and service costs between the two entities. This consolidation has the potential to result in a more efficient use of staff and resources, leading to financial benefits through reduced costs by sharing resources and lowering operational expenses for both entities.

Development of Legislative Framework

In a bid to regularise the industry operations in Jamaica and to ensure compliance with the industry's best practices, the OUGC, in partnership with The Hugh Wynter Institute for Reproductive Healthcare and Endoscopic Surgery (HWI-RHES), initiated and facilitated consultations with the Minister and State Minister of Health of Jamaica, the Director of the Enabling Environment and Human Rights Division of the National Family Planning Board, medical professionals and other stakeholders. The primary objective of these discussions was to develop a legislative framework on in vitro-fertilisation (IVF) and surrogacy in Jamaica due to the absence of any existing comprehensive legal framework.

This initiative on in vitro-fertilisation (IVF) and surrogacy in Jamaica demonstrates the OUGC's agility in responding to emerging legal needs within the healthcare industry. By initiating and facilitating consultations with key stakeholders and government officials, the OUGC showcased its proactive approach to addressing regulatory gaps and ensuring compliance with evolving industry standards.

Renaming and Repositioning of the Hugh Wynter Fertility Management Unit

In line with the University's strategic objective to earn more revenue from its specialised academic and business ventures, the OUGC prepared the relevant submissions to change the designation of Hugh Wynter Fertility Management Unit to a University Institute. Additionally, OUGC facilitated the renaming process to establish it as The Hugh Wynter Institute for Reproductive Healthcare and Endoscopic Surgery (HW-IRHES).

The renaming and repositioning of The Hugh Wynter Institute for Reproductive Healthcare and Endoscopic Surgery provides a greater basis for global partnerships and exemplifies the OUGC's agility in supporting the University's strategic objectives.

The Rebranding of the Open Campus as Global Campus

As the University endeavours to penetrate the burgeoning international online market for tertiary education, the OUGC worked in concert with other relevant departments to rebrand the existing Open Campus as The UWI Global Campus. More specifically, and as expected, the OUGC prepared the rebranding legal instrument for this transition.

Entrepreneurial Innovations

The OUGC facilitated the establishment of the International School for Development Justice Inc. (ISDJ) to further leverage The UWI’s global offerings of academic programmes at the master’s level. To support this initiative, the OUGC played an integral role in setting up of the legal framework to ensure legal compliance and aligning of the governance structure with that of the University.

In conclusion, the noted achievements underscore the proactive stance of the Office of the University General Counsel in advancing The UWI’s strategic goals through its unwavering commitment to legal excellence, stakeholder engagement, and proactive alignment with national and global imperatives. As we look to the future, the OUGC remains steadfast in its dedication to upholding the highest standards of legal governance and supporting the University’s mission of fostering accessible, innovative, and transformative higher education for all.